No interim order to shift Sonam Wangchuk; Delhi HC backs hospital treatment

New Delhi: The Delhi High Court on Sunday refused to interfere with activist Sonam Wangchuk’s treatment at Safdarjung Hospital, observing that the government’s decision to shift him from Jantar Mantar to a government hospital could not be termed arbitrary.

Justice Mini Pushkarna said no interim order was required at this stage on a petition filed by Wangchuk’s wife, Gitanjali J Angmo, seeking permission to move him to a private hospital, reported PTI. 

The court noted that doctors at Safdarjung Hospital were closely monitoring Wangchuk’s condition and that he had been administered oral fluids, potassium chloride and oral ORS without sugar with his consent. It observed that there was no indication that force was being used or that his bodily autonomy was being violated.

"Since the government has taken the decision to shift Mr Sonam Wangchuk to a hospital on account of his medical condition, this court does not find the same to be an arbitrary action," the court said.

The court also observed that Wangchuk had not voluntarily admitted himself to a hospital and that the government was within its rights to shift him in view of his medical condition.

Justice Pushkarna said Wangchuk’s wife, brother and brother-in-law had been given round-the-clock access to him and were provided a room at the hospital. She described the access given to family members as "unprecedented".

The court issued notices to the Centre, Safdarjung Hospital and Delhi Police on Angmo’s plea seeking his transfer to a private facility and directed them to file their replies within three days. The matter will be heard next on July 24.

Additional Solicitor General Chetan Sharma told the court that there should be no doubt regarding Wangchuk’s treatment and assured that his medical reports would be shared with his wife. He said the government was duty-bound to admit Wangchuk to hospital as his vital parameters were critical.

Sharma said Wangchuk could be shifted to AIIMS if the court directed and urged him to cooperate with doctors. The court said the final decision regarding his medical condition would be taken by the medical team attending him as per medical protocols.

Senior advocate Kapil Sibal, appearing for Angmo, said the family wanted Wangchuk to be shifted to Medanta Hospital, where Safdarjung doctors could also be part of the medical team. He argued that no person could be forced to accept treatment against their will and questioned whether a citizen could be denied admission to a hospital of their choice.

Angmo told the court that she had lost trust in Safdarjung Hospital and wanted her husband shifted to a facility where he would be comfortable. She also objected to police presence near his hospital room.

The court was also informed about Wangchuk’s medical condition by doctors from Safdarjung Hospital and AIIMS, who are monitoring him.

The hearing came a day after Wangchuk was taken to Safdarjung Hospital by Delhi Police on the 21st day of his hunger strike. He has been on a fast since June 28 over alleged irregularities in the NEET examination and suicides among students following the cancellation of the paper.